LAW OF MONGOLIA
LAW ON POLITICAL PARTIES
/amended version/
January 28, 2005
Parliament House, Ulaanbaatar
CHAPTER ONE
GENERAL PROVISION
Article 1. Purpose of the Law
1.1. The purpose of this law is to regulate relations regarding to establish a political party
/hereinafter referred to as “party”/, stop its continuity, suspend, register in the state registration,
create a legal foundation of organization and continuity of party with the aim of providing a right
of consolidation of Mongolian citizens.
Article 2. Legalization of party
2.1. The legalization or law of party shall consist of Constitution of Mongolia, this law
itself, and the acts of other related laws.
Article 3. Right of Mongolian citizens to enter into a party
3.1. Mongolian citizens who has right to elect has right to establish party, enter into party,
leave the party, and participate in the political activities in accordance with law, rules and
platform of corresponding party voluntarily.
3.2. Mongolian citizen shall be a member of one party only.
3.3. In accordance with Law of Mongolia it is forbidden to discriminate, intimidate,
calumniate, offend and oppress someone as he is a member of party.
3.4. A membership of party can be suspended for some civil servants in accordance with
law.
3.5. It is forbidden to force someone to enter or leave the party and to oppress.
3.6. Membership of party shall not be a reason to limit his rights, freedom or to give
advantage unless it is stated in law otherwise.
3.7. It is forbidden to define the membership of party on any official document which
states personal information of citizens without his permission unless it is stated in law otherwise.
Article 4. The concept about party
4.1. A party is considered as a union of Mongolian citizens who have consolidated
voluntarily with the purpose of organizing social, personal and political activities as it is stated in
the Constitution of Mongolia.
4.2. It is forbidden to establish a party with the purpose to offend authority, independence
of Mongolia, to scatter a national unity, to take an authority over of the state unconstitutionally,
to usurp, to confuse, intimidate the mass, to commit murder, to discriminate with nationality,
race, to organize a campaign against independence, territory integrity of the other countries and
to establish religious, military and fascist party.
Article 5. Principles of party activities
5.1. Party shall adhere to the following principles in its activities:
5.1.1. to insure democracy, justice, freedom, equity, national unity, independence, social
security, government and to fulfill the laws;
5.1.2. to run its activities openly;
5.1.3. to provide for the members to enter in the board of directors, to candidate for
election, to provide with equal opportunities without discrimination of nationality, race, age, sex,
wealth, and work position to get elected;
5.1.4. to dissolve the internal issues by voting in accordance with the principle of
democracy;
5.1.5. to respect the activities, not to intervene in the internal issues of other parties and
not to force its own ideology;
5.1.6. to run its activities with the principle of local territory;
5.1.7. to respect the peaceful relationship and cooperation of Mongolia with other
countries.
Article 6. Name of party
6.1. A party shall have its given name and it is obliged to include the general term “party”
in its end.
6.2. The given name or its abbreviation of party is forbidden to be same as other
organizations, companies or parties and it cannot be a personal given name.
6.3. /this part was considered as invalid on November 14, 2005/
Article 7. Differentiation of duties between party member and government
employee
7.1. As a party, it is forbidden to intervene to the government organizations and the
activities of their employees.
7.2. Civil servant shall adhere to laws while executing the duties and it is forbidden to use
his position for the sake of interest of any party.
7.3. Civil servants except for political servants are forbidden to make decisions to defend
the interest of any party, to promote, to participate in the election campaign of any candidate.
7.4. Party is forbidden to get involved in the activities of religious organizations and
training activities of educational organizations.
CHAPTER TWO
To establish a party
Article 8. To establish a party
8.1. Party shall be established by the Great meeting of organizing /hereinafter referred to
as “meeting of establishment”/.
8.2. The preparation of the meeting of establishment should be made in advance and
representatives should be informed about its place and time 2 months in advance.
8.3. The representatives of the meeting of establishment should include people from the
rural areas.
8.4. The following issues shall be discussed in the meeting of establishment:
8.4.1. to approve a full name, its abbreviation, symbol and design of the flag;
8.4.2. to approve the platform and rules of the party;
8.4.3. to create the directing and controlling organizations of the party, to set their
structure, rights and duties;
8.4.4. to approve the decision of the establishment of party.
8.5. The date of party establishment shall be the day in which the meeting of
establishment has approved the establishment of party and it shall be published.
8.6. /this part was considered as invalid on November 14, 2005/
8.7. It is forbidden that the establishment of party to be oppressed, intervened by any
organization, authorized employees.
Article 9. To register a party in the state registration
9.1. Party shall give its application form of registration to the State Supreme Court within
10 working days after the establishment of party as it is stated in 14.1 of the law on state
registration of legal entity.
9.2. Information stated in 14.2 of the law on state registration of legal entity shall be
included in the application form.
9.3. Party shall prepare the following besides the materials stated in 16.1 of the law on
state registration of legal entity.
9.3.1. application of party registration with the signature of the director of the party;
9.3.2. name, symbol, flag of the party;
9.3.3. rules of the party;
9.3.4. party platform;
9.3.5. official permanent address of the executive organization of the party;
9.3.6 /this part was considered as invalid on February 17, 2005/
9.3.7. membership registration which is not less than number of 801 /full name, number
of ID card, registration number, address and signature/;
9.3.8. registration /full name, number of ID card, registration number, address and
signature/ of authorized directing financing employee /manager, chief accountant/;
9.3.9. information of party capitals;
9.3.10. other documents as stated in laws.
9.4. When articles 6, 9.2-9.3 are taken into consideration the State Supreme Court shall
deliver the certificate of state registration of party and publish it within 30 working days after the
application is received.
9.5. The State Supreme Court is forbidden to require other documents stated in 9.3 of this
law.
9.6. Party shall have right to run its activities on the territory of Mongolia when it is
registered in the state registration as it fulfills the requirements stated in laws.
Article 10. To refuse to register a party in the state registration
10.1. The State Supreme Court shall refuse party to the state registration in the following
cases:
10.1.1. the rules, platform are incompatible to the Constitution of Mongolia and other
laws;
10.1.2. in case there is a reason stated in 4.2 of this law;
10.1.3. number of members are less than the number stated in 9.3.7 of this law or member
have membership of other parties or they have represented other person;
10.1.4. /considered as invalid on February 17, 2005/
10.1.5. used a name which is incompatible to the article 6 of this law;
10.1.6. other reasons as stated in laws.
CHAPTER THREE
Requirement to the organization of party
Article 11. Rules of the party
11.1. Internal organization, directing system shall be regulated by the rules of the party.
11.2. Rules of the party shall include the followings:
11.2.1. the statement of the party;
11.2.2. full name, abbreviation, symbol and flag;
11.2.3. rights and duties of the members;
11.2.4. note about the establishment of elementary organization;
11.2.5. about to elect, to participate, to lead the representatives for the great and other
meetings, to create the controlling organization, their structure, formula and activities;
11.2.6. procedure to amend the rules, platform of the party;
11.2.7. procedure to reorganize, close down the party;
11.2.8. principle to nominate to election, choose the employees and to keep the sex
equity;
11.2.9. procedure of financial source, capital of the party and its expenditure;
Article 12. Platform of the party
12.1. Party shall have its platform in which is compliance with laws of Mongolia,
national interests and includes its ideology, operation principles, purpose and the main methods
to implement them.
Article 13. Organizations of party
13.1. The great meeting shall be its supreme directing organization.
13.2. The following issues shall be discussed in the Great meeting only:
13.2.1. to approve rules and platform of the party;
13.2.2. to discuss the reports of representing and controlling organization of the party and
to elect them;
13.2.3. to change the party, stop its continuity, change its name;
13.3. lower, whole meeting or their equal organizations shall be created by election
during the free time of the Great meeting. They shall be elected by ballot.
13.4. The central representing organization of the party shall be able to amend the rules,
platform, elected employees approved in the Great meeting.
13.5. The central representing organization of the party shall create and keep the
executive organization of the party for the daily activities.
13.6. Party shall create and keep the central and local systems which are in compliance
with this law.
13.7. The party platform and candidacy to the Presidential and Parliamentary elections
shall be decided by the Great meeting or the central representing organization approved by the
Great meeting.
13.8. The local representing organization of the party shall be elected by ballot.
13.9. The disputes related to internal organization, activities which are to be regulated by
the rules of the party shall not be settled directly. Dispute shall be settled by the authorized
organizations.
/this part has amended on February 17, 2005/
Article 14. Rights of the party
14.1. Party shall have the following rights:
14.1.1. to participate in the election of parliament and civil representing counsel of the
province, capital city, county and districts;
14.1.2. to organize social gathering, march and other activities in compliance with the
laws;
14.1.3. to defend the rights of the party, members and legal interests;
14.1.4. to choose the structure, purpose and methods of its activities freely unless it is
stated in laws otherwise;
14.1.5. to have its own capital properties;
14.1.6. to relate, contact the foreign parties and international organizations unless is
incompatible to the national interests;
14.1.7. other rights as stated in the laws.
Article 15. To reorganize the party and its name
15.1. Party can be reorganized through uniting and combining as it is stated in law.
15.2. To unite two or more parties after stopping their continuity, to join one party to
another party shall be decided by the Great meeting of the party after being discussed with the
members.
15.3. Rights, duties, responsibilities, membership and properties shall be transferred to
the new party through uniting and this new party shall be registered as it is stated in this law.
15.4. New reorganized party through uniting shall be able to use the name of either party
and it shall be regulated as it is stated in 6.3 of this law. In this case, the establishment date shall
be the earliest establishment day of either party.
15.5. In case a party has joined into another party the rights, duties, responsibilities,
membership and properties shall be transferred into the other party.
15.6. In case party has reorganized, changed its name members or other people, legal
entities who disagrees the decision are forbidden to change, continue to use its property,
membership, stamp, name, symbol and flag.
15.7. Registration organization shall unregister the certificate of reorganized party and
publish it.
15.8. Other relations regarding the reorganization of party shall be regulated by the
related articles of the civil law.
CHAPTER FOUR
Financing of the party
Article 16. Capital, income of party
16.1. Real estate, movable properties shall be capital of the party.
16.2. The following shall be considered as the capital of the party:
16.2.1. membership tax;
16.2.2. donations from member, people and legal entities;
16.2.3. subsidization from the state;
16.2.4. souvenirs depicting the symbol of the party, things belong to the party;
16.2.5. revenue of publishing, media and commercialization;
16.2.6. revenue from renting or selling its own properties;
16.2.7. interest of the its savings in banks.
16.3. It is forbidden to earn profit, keep company in other ways than it is stated in article
16 of this law.
Article 17. Expenditure of the party income
17.1. Party income shall be spent for the activities of the rule, platform of the party only.
17.2. It is forbidden to spend the party income for other reasons, to split to members as a
dividend.
Article 18. Membership tax, donation
18.1. Member shall be able to donate to the party by an amount defined by rules of the
party.
18.2. Members, supporters shall be able to donate to the party through concepts and
faiths. Donation shall be received through the bank account of corresponding level of
organization only.
18.3. The maximum amount of donation for legal entity is ten million, for person is one
million tugrug for one time and donator is allowed to give donation to one organization of the
party for no more than two times a year. It is forbidden to seek for personal interest, position and
to oppress due to donation.
18.4. Party shall publish about its donations.
18.5. Membership tax and donation shall be kept in one bank account.
18.6. The issues of donation to the party in relation with election campaign shall be
regulated by law on election.
18.7. It is forbidden to receive donation from the following:
18.7.1. Mongolian citizen under 18 ages;
18.7.2. state and state related organizations, companies;
18.7.3. religious organizations;
18.7.4. international organization, foreign citizens, legal entity, people with no
citizenship;
18.7.5. legal entity which is less than one year old of its establishment;
18.7.6. person without name, address;
18.7.7. legal entity which has bankrupted or has expired bank loan;
18.7.8. other people forbidden by law.
18.8. Sponsorship of projects, events cooperated with international organizations, other
foreign political organizations, funds shall not be regulated by 18.7.4 of this law.
Article 19. Subsidization from the state
19.1. Government shall subsidize the party who has seats in the parliament for one time
within three months after the election result is announced. Each vote shall be valued as one
thousand tugrug and votes of the party in parliamentary election shall be compared to the total
number of votes.
19.2. Party who has seats in the parliament shall be subsidized quarterly from the state
budget during the term of office and for each seat in the parliament shall be subsidized by ten
million tugrug. 50 percent of this subsidization shall be spent for the parliamentary election unit
areas.
19.3. The money amount stated in 19.1, 19.2 of this law can be changed depending on the
exchange rate.
Article 20. Financing auditing to the party
20.1. Controlling organization of the party shall check the finance of the party.
20.2. Central organization of the party shall make consolidated statement after the
corresponding organization has made the financial report.
20.3. Finance of the party shall be audited annually and it shall be published.
20.4. Directors, CFO, chief managers and other equal positioned employees of the party
are forbidden to work, keep position related to finance in any political fund, association,
organizations and companies.
20.5. Director of the party is forbidden to participate in the finance and budget of the
party with the right to spent.
20.6. Relations regarding the financial cost report of Presidential, Parliamentary elections
and election of province, capital city, counties, districts civil representative counsel shall be
regulated by the law on election.
Article 21. Control on the activities of the party
21.1. Controlling organization of the party shall control the activities of the party.
21.2. State Supreme Court shall check if the rules, platform of the party and their
amendments are in compliance with the Constitution of Mongolia and this law. Party shall
register its rules, platform and their amendments to the State Supreme Court within 10 days.
CHAPTER FIVE
Miscellaneous items
Article 22. Rights of the party who has seats in the parliament
22.1. Party who has seats in the parliament shall have the following rights:
22.1.1. to candidate its members, supporters to the Presidential election of Mongolia;
22.1.2. to introduce its opinions on the laws and other decisions of the parliament through
their group in the parliament and in case has no group in the parliament through their member of
parliament.
22.1.3. to propose to nominate for the political positions through their group in the
parliament;
22.1.4. to express its status on policies of the nation through the group in the parliament
in the opening ceremony of the parliament.
Article 23. To stop the continuity of the party, to close down the party
23.1. Party shall stop its continuity by the decision of supreme organization of the party
and shall inform the State Supreme Court within 5 working days in written form. State Supreme
Court shall unregister and publish it within 5 working days. In this case the properties of the
party shall be settled through its rules.
23.2. State Supreme Court shall close down the party and unregister it in accordance with
23.1 of this law and publish it in case party has offended authority, independence of Mongolia,
scattered the national unity, taken an authority over of the state unconstitutionally, usurped,
discriminated nationality, race, organized an activities against independence, territory integrity of
the other countries and transferred into religious, military or fascist party.
/this part has amended on February 17, 2005/
Article 24. Responsibilities of the law breaches
24.1. In case the breach of the rules of the party has criminal sense guilty person shall be
punished in accordance with the criminal law.
24.2. In case the breach of the rules of the party has no criminal sense the following
administrative penalties shall be applied by judge:
24.2.1. in case forced people to enter or leave the party by breaching the 3.5 of this law
the 30000-60000 tugrugh for employees, 20000-40000 tugrug for citizens shall be imposed as
fine;
24.2.2. in case defined the membership of citizens without permission by breaching the
3.7 of this law the 20000-60000 tugrug shall be imposed for employees as fine;
24.2.3. in case earned profit in a way which is forbidden by law by breaching 16.3 of this
law the 40000-60000 tugrug for employees, 200000-250000 tugrug shall be imposed as fine and
profit shall be expropriated;
24.2.4. in case divided the income of the party in to dividends, paid the payments for
citizens, organizations, companies, spent for other purposes by breaching 17.2 of this law the
40000-60000 tugrug for employees, 200000-250000 tugrug for the party shall be imposed as
fine;
24.2.5. in case 18.2, 18.3 of this law has breached the 40000-60000 tugrug for
employees, 200000-250000 tugrug for the party shall be imposed as fine and donations received
out of bank account or its excess shall be expropriated;
24.2.6. in case received donation from person stated in 18.7 of this law the 200000250000 tugrug for the party, 50000-60000 tugrug for the employee shall be imposed as fine and
donation shall be expropriated;
24.2.7. in case escaped from auditing in the finance, audited but not published by
breaching 20.3 of this law the 40000-60000 tugrug for employees, 100000-250000 tugrug for the
party shall be imposed as fine;
24.2.8. in case has kept position by breaching 20.4 of this law the 50000-60000 tugrug
shall be imposed for the employee as fine;
24.2.9. in case has breached 20.5 of this law the 50000-60000 tugrug shall be imposed for
the employee as fine;
24.3. Party shall be punished as it is stated in law in case it has breached the law of state
registration.
24.4. Party shall be punished in accordance with the related laws in case it has not kept
elementary financing notes, accounting notes, has not made the correct financial report,
information, has not made it on time, has not saved the financial reports, accounting documents
in accordance with the law on archive.
DEPUTY DIRECTOR OF THE
PARLIAMENT OF MONGOLIA
LUNDEEJANTSAN.D